Category: Removal & Deportation

Video Blog from Ricky Malik, Attorney at Law: 



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The Administrative Appeals Office published a postive case that addressed burden of proof. Hopefully, USCIS adjudicators will use this case as their guide when deciding cases.  In Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010) it was held that: “In most administrative immigration proceedings, the applicant must prove by a preponderance of evidence that he or she is eligible for the […]

The Board of Immigration Appeals in Matter of Dency Epen SORAM, 25 I&N Dec. 378 (BIA 2010) held that  “The crime of unreasonably placing a child in a situation that poses a threat of injury to the child’s life or health in violation of section 18-6-401(1)(a) of the Colorado Revised Statutes is categorically a crime of child abuse under section 237(a)(2)(E)(i) of […]

In an unpublished decision, the Board of Immigration Appeals scolded the Department of Homeland Security’s Office of the Chief Counsel for its behavior towards an Immigration Judge. The BIA stated ” Our review of the record reveals that the DHS attorney exhibited intemperate, disrespectful, and unprofessional behavior towards the Immigration Judge. Such behavior is unbecoming of DHS counsel.” Ricky Malik, Esq. […]

The Court of Appeals for the Fifth Circuit in an unpublished decision, agreed with the 8th Circuit and BIA, deeming Wikipedia an unreliable source. Ricky Malik, Esq. www.rmlegal.com

The Board of Immigration Appeals in Matter of Greunangerl, 25 I&N Dec. 351 (BIA 2010) held  “The crime of bribery of a public official in violation of 18 U.S.C. § 201(b)(1)(A) (2006) is not an offense “relating to” commercial bribery and is therefore not an aggravated felony under section 101(a)(43)(R) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(R) (2006).” Ricky […]

In a leaked memo entitled “Social Networking Sites and Their Importance to FDNS”, Immigration’s Office of Fraud Detection and National Security (FDNS) stated that: “Narcissistic tendencies in many people fuels a need to have a large group of”friends” link to their pages and many of these people accept cyber-friends that they don’t even know. This provides an excellent vantage point […]

On Tuesday, October 26, 2010 Senior Attorney and Litigator Ricky Malik presented arguments on behalf of a client before the Fourth Circuit Court of Appeals sitting in Richmond, Virginia. The case involved a review of a denial of an asylum, witholding and Convention Against Torture (CAT) claim from the Board of Immigration Appeals.  The client had a genuine fear of returning to his […]